Lawyer for Bicycle Accidents Due to Speeding Driver
Were you injured in a bicycle accident? Was it due to a careless driver exceeding the speed limit or driving too fast for dangerous conditions? If so, contact the Austin bicycle accident lawyers of Loewy Law Firm today to discuss your case and learn about the available legal options. You might be entitled to financial compensation for your injuries.
Speeding is dangerous in any situation. It’s particularly risky when there’s a bicyclist nearby. Since bikers don’t have the same protections as the occupants of cars, such as airbags, they typically sustain more severe injuries during collisions. There’s also a higher chance of death. According to statistics, speeding contributed to 8,746 fatalities in 2019. This number accounted for 17.2 percent of all traffic-related deaths that year.
At Loewy Law firm, our Austin speeding bike accident lawyers might be able to represent you in your case. We can file an insurance claim or lawsuit on your behalf and seek the money you’re owed from the negligent motorist. You should not have to suffer the consequences of their actions. Call us for a free consultation right now.
Dangers of Speeding
A driver traveling at a high rate of speed doesn’t have total control over their vehicle. They likely won’t have enough time to react to a hazard in the road or stopped traffic, or be able to swerve out of the way to avoid a crash.
Some of the most common reasons speeding creates a danger for everyone on the road include:
- Increased risk of the motorist losing control of their car
- Airbags, seatbelts, and other safety devices become less effective
- A longer stopping distance is needed to bring the vehicle to a complete stop
- Higher chance of debilitating injuries and death during a collision
- Lower chance of reacting appropriately to perceived dangers
When a bicyclist encounters a speeding driver, there isn’t much they can do to get out of the way. An accident can happen instantly, ejecting the rider from their bike or causing the rider to end up underneath the vehicle.
How Speeding Causes Bike Accidents
One of the greatest risks of speeding is the significant stopping distance required. A stopping distance is the total distance it takes for a motorist to react to a dangerous situation and slam on their brakes. For example, when traveling at 50 miles per hour, a driver will need 174 feet of stopping distance. If they’re tailgating someone, there isn’t enough space between them and the person ahead to come to a complete stop and avoid a collision.
Many drivers don’t pay attention to bicyclists. They focus more on other vehicles. When they exceed the speed limit, they might lose control and drift into the bike lane, sideswiping a rider in the process. Sometimes, motorists can’t stop at a red light in time and may collide with a bicyclist already in the middle of an intersection.
Driving above the speed limit isn’t the only problem. When there’s a defective roadway or adverse weather, all motorists should adjust their speed to remain safe in these hazardous conditions. Driving too fast on slick roads during heavy rain can cause a vehicle to skid and slide towards a biker.
Injuries Caused by Speeding Drivers
Accidents between cars and bicyclists can cause life-threatening injuries to bicyclists. A helmet is the only thing protecting the rider during a collision. The biker could become airborne during the violent impact or be impaled by flying debris.
The most common injuries suffered in bike accidents include:
- Broken bones
- Traumatic brain injury
- Significant disfigurement
- Internal injuries and bleeding
- Loss of limb
- Penetrating injuries
- Psychological trauma
- Spinal cord damage and back injuries
- Road rash, burns, and lacerations
- Permanent disability
Most victims require immediate emergency care following a bike accident. The long-term effects can be traumatic. If you end up with permanent physical injuries, you might need intensive physical therapy and rehabilitation. Medical bills often lead to economic burdens and debt. The negligent driver should be forced to pay these costs if they were entirely at fault for the crash. You shouldn’t be left with out-of-pocket expenses if your actions didn’t contribute to your injuries.
Compensation for a Speeding Accident
Texas is a fault state. That means the at-fault driver becomes financially responsible for the injured party’s losses. Every motorist must carry liability insurance with minimum coverage amounts. If you file an insurance claim with the at-fault driver’s insurance carrier, you could seek compensation for the losses you suffered in the accident, such as:
- Pain and suffering
- Medical expenses
- Loss of household services
- Mental anguish
- Property damage
- Lost wages
- Lost earning capacity
- Physical impairment or disfigurement
You could also file a lawsuit. However, proportionate responsibility could negatively affect the amount of money you receive. If the jury determines you share any degree of fault for your injury, they could reduce your financial award. For example, if you suffered $100,000 in losses but were 20 percent responsible for the accident, you could only receive up to $80,000. If you share more than 50 percent of the fault, you would not be allowed to receive any compensation for your losses.
Bike accidents involving speeding drivers can result in death. If you are a surviving family member, you could file a wrongful death claim and pursue compensation to make up for these losses:
- Lost earning capacity
- Mental pain and anguish
- Loss of comfort, companionship, love, and society
- Lost support, maintenance, services, care, counsel, support, and advice
- Lost inheritance, including anything the deceased would have saved if they survived
You might also be able to seek exemplary damages. Instead of compensating someone for their losses, an award of these damages punishes the defendant and is intended to deter similar misconduct in the future. You must show clear and convincing evidence of the driver’s malice, gross negligence, or fraud for the jury to award these damages to you.
How Loewy Law Firm Could Help
The Austin speeding bike accident lawyers of Loewy Law Firm have represented accident victims since 2005. We’re not afraid to fight for your rights and hold people accountable for their negligent actions. You can depend on us to provide quality services and representation from start to finish of the legal process. We will remain by your side and work hard to try to reach a favorable outcome.
If you sustained injuries in a bike accident due to a speeding driver, contact Loewy Law Firm right now at (512) 280-0800. We can discuss your case during a free consultation and help you recover the maximum compensation you deserve.